Immigration Issues/H1 transfer without ever been to US

QuestionHi,
I have got my H1 stamping from company A; and now I switched to the company B. Company B now likes to transfer my H1. My question is whether it would be a transfer or a fresh H1 application ? If It will be a fresh application whether that can be done any time or only with next year new applications under 65k quota ? Please clarify my doubts.

Thanks & Regards,
Deepak Sahoo
India

AnswerHi,

You would be subject to the visa cap again since you were never actually in H-1B status (you never entered the U.S. using the H-1B visa through Co. A). Co. B would file a new H-1B petition in April, 2008.

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

OrganizationsAmerican Immigration Lawyers Association (AILA) full member since 1995.

Education/CredentialsAjay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.